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(영문) 대구지방법원 서부지원 2019.05.15 2018고단1863

특수협박등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2018, the Defendant: (a) around 18:30 on June 25, 2018, the second floor of the housing where the victim C (here, 46 years of age) who was divorced in Seogu-gu B, Daegu-gu, and the second floor of the housing where the victim was living. (b) the victim entered the house together with male-friendly D; (c) the victim went into the said housing without carrying a knife knife (17cc in the knife length) which is a dangerous object; (d) the victim discovered that D is protruding and walked into the said housing; and (e) caused the damage of the above toilet door so that the market value of the vehicle can be easily repaired; (e) the victim knife the above knife, which is a dangerous object, and (e) threatened the victim by threatening him.

Summary of Evidence

1. The defendant's statement in court (the date on which the second trial is made, in cases of special intimidation and special intrusion upon residence);

1. Each police statement of C or D;

1. Report on internal investigation (affixing photographs, such as seized articles);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. The applicable provisions of Articles 284, 283(1) (a) of the Criminal Act, Articles 320, 319(1) (a) of the Criminal Act, and Article 366 (a) and Article 369(1) of the Criminal Act, in addition to “Article 366 of the Criminal Act”, also include “Article 369(1) and Article 369 of the Criminal Act” in the indictment for criminal facts. However, in light of the criminal name of the indictment, Article 369(1) of the Criminal Act “when considering that only “the destruction and damage of property” is written, the phrase “Article 369(1) of the Criminal Act” appears to be a clerical error.

1. Selection of imprisonment with prison labor for the crime of special intimidation, and damage to property;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Although there are circumstances unfavorable to the defendant, such as the reason for sentencing under Article 48(1)1 of the Criminal Act, the means and method of the crime of this case are very dangerous, the defendant recognized the facts of the crime and divided them in 2005.